As license renewals are made, motel still operating under court order

Thursday

Dec 12, 2013 at 6:00 AM

By Michael D. Kane BANNER EDITOR

WEST BOYLSTON — As West Boylston Town Administrator Leon Gaumond Jr. prepared for this week's selectmen's meeting, he noted the town is still waiting for a court date to settle the issue of a license revoked almost 19 months ago.

"For the second straight year, Reservoir Motor Lodge will not be issued a license, yet they will continue to operate in the town of West Boylston," Gaumond said.

The Board of Selectmen rescinded the right of management group D.M. Hospitality Corp. to operate the motel in April 2012 after a hearing held on a series of violations of town bylaws and a written management agreement with the town known as the "Manager's Policy." Those policies were drawn up with prior management after several incidents at the motel in earlier years, but agreed to by Kirit Malaviya, of D.M. Hospitality, when he assumed control in 2008.

Issues cited for stripping the license to operate included not keeping proper logs and not notifying police of crimes, including a domestic dispute that ended with a stabbing.

Also cited at a second hearing in April 2012 were accusations of a motel resident selling cigarettes and alcohol from a room.

The pool had also been condemned by the building inspector, but people were seen swimming in it.

While the motel was ordered closed, Malaviya appealed the decision in court. An injunction was ordered, preventing the town from removing 60 or so long-term residents of the motel.

Since then, the motel has operated under the protection of the courts, while the issue is being appealed. The town had expected some sort of decision by late fall, but no word has come down, Gaumond said.

In the meantime, not only has the motel continued to house some of the long-term residents already living there in April 2012, it has continued to accept new guests, Police Chief Dennis Minnich said.

In September 2013, selectmen denied a new license to property owner Douglas George, of Needham. George applied for a new license, saying he was then in the process of evicting Malaviya. He requested the license so that he could open immediately upon the eviction, so as not to displace residents.

Selectmen denied George's license request, at first citing a recommendation of town counsel that the board cannot issue a license for a location that is already operating.

The legal concern was that the motel could win its appeal in court, and two businesses would have licenses to operate in the same location.

However, selectmen also cited recent inspection reports from town officials, including the building inspector and fire chief, that deemed the building uninhabitable.

An email in September 2013 to the board from Building Inspector Mark Brodeur described conditions at the motel as "abhorrent." Brodeur ended his email by suggesting the Board of Health condemn the building.

Other items listed by Brodeur for replacement included all cabinets, sinks, toilets, tubs, air conditioners and smoke detectors. Brodeur also suggested replacing all windows and screens.

Fire Chief Thomas Welsh stated in a September 2013 email that the fire detectors needed to be replaced in rooms the department had been granted access to. However, the department had only been granted access to unoccupied rooms.

At the same 2013 license hearing for George, Town Clerk Kim Hopewell wrote to the board that the company's DBA had expired and Town Treasurer Bonnie Yasick reported the motel owed nearly $40,000 in back taxes and sewer fees.

At the time, Gaumond said it was likely a lien will be placed on the property to enable the town to recover the money in the case of a sale or change of license.

This is not the first time the town has placed liens on the property. At the end of 2010, the motel's license was denied renewal because D.M. Hospitality owed more than $50,000 in back taxes and sewer fees.

Last week, Gaumond said the inspection reports done at the time of George's application had been forwarded to the court.

"While those issues are very concerning, none of those issues rose to the level of an emergency that would have allowed us to step in and move all of those people out of the motel," he said.

Gaumond said the town would inspect the motel again, as part of its scheduled annual inspections, and those records would be forwarded to the courts as well.

"Believe me, the town of West Boylston is concerned for the health and well-being of the people staying there on a long-term basis, as well as for the people who may stop in there thinking this is a licensed establishment and we are hoping the court will agree with us and act soon," he said.